Common use of Flexibility Clause Clause in Contracts

Flexibility Clause. 26.1 The Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: 26.1.1 the agreement deals with 1 or more of the following matters: 26.1.1.1 arrangements about when work is performed; 26.1.1.2 overtime rates; 26.1.1.3 penalty rates; 26.1.1.4 allowances; 26.1.1.5 leave loading; and 26.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in subclause 26.1.1; and 26.1.3 the arrangement is genuinely agreed to by the Employer and Employee. 26.2 The Employer must ensure that the terms of the individual flexibility arrangement: 26.2.1 are about permitted matters under section 172 of the Fair Work Act 2009; and